Recommend Park Dedication Components of the Development Agreement; Riverstone Subdivision

For the last several months, the specifics of Park Dedication (land, cash or improvements for the proposed mini-park) for the proposed Riverstone Subdivision has been discussed between Capstone Homes and the City.  There continued to be strong consensus on providing credit for the land needed for the greenway trail and the associated improvements.  In contrast, there had not been clear consensus on aspects of Capstone's proposed mini-park, commonly known as Outlot C.

Due to no agreement on the matter of Outlot C, Staff brought the matter to the Council work session on April 25th, 2017 in light of the long-standing policy "...to favor larger, accessible neighborhood and community public parks with quality amenities and improvements, and provide trail connections between them, over smaller, pocket parks with few to no 'destination' improvements."  This discussion was intended to address whether the City should consider full, partial, or no Park Dedication credit for Outlot C proposed by the Developer.  The outcome of the above work session topic was to address the policy itself.  This occurred as part of a joint meeting between Council and the Park and Recreation Commission meeting on May 9th, 2017.

The aforementioned joint meeting and policy review was conducted using examples of past precedent relating to Planned Unit Developments and private park spaces.  Additionally, Outlot C was the subject of much discussion on whether it was necessary (as a park—public or private), and if so, to what degree might Park Dedication credit be offered. The consensus reached was "to create an interim exception [to the policy] that would allow for negotiations on this development case for a trail system and trail wayside park area that would be accessible and inviting." 

Following the joint meeting, Staff prepared alternatives for Park Dedication relating to Outlot C which was the subject of considerable discussion at the Park and Recreation Commission meeting on May 11th, 2017.  Following the Commission's meeting, three alternatives were developed  relating to Outlot C, and on May 23rd, City Council selected 'Alternative 2' for the basis of the Park Dedication for the Riverstone Subdivision.  These may be summarized as:

Alternative 1.    Outlot C — Not Credit Eligible

Alternative 2.    Outlot C  — Primarily Credit Eligible

Alternative 3.  Outlot C — Full Park Dedication credit consistent with Capstone's April Park Dedication memo (attached).

Attached are the Draft meeting minutes from City Council's consideration.

It may be reiterated here, that the Park Dedication detail below is for Outlot C. (Outlot D will be developed as a landscaped and irrigated park-like area for the residents of the Riverstone Subdivision—the Developer will not be receiving park Dedication for Outlot D.)  Additionally, the Development Agreement will provide full credit for the 14' foot greenway trail easement and the associated construction costs. 


Alternative 2.    Outlot C  — (Primarily Credit Eligible)
This is the Council selected Park Dedication scenario—and directs that the mini-park development be ‘unique’ (nature-based play) and ancillary to greenway trail (either contiguous, or effective and safe pedestrian crossing of adjoining street). No land credit for the mini-park area is calculated under this alternative, as the Developer is requesting the mini-park and deviation from the Park Plan and Park Development Policy.  The land dedication for the mini-park (approximately one acre), is thoroughly consistent with the requirements of Planned Unit Development (PUD), which is the land use mechanism under which the Riverstone Subdivision is to be developed.
 

Outlot C 'park'	Park Ded. credit
Nature Based Playground	$100,000
Landscaping, irrigation (with H2O feature for play area)	$100,000
Pavilion	$50,000
Parking (parallel to street)	$4,620
On-street pedestrian safety treatments (50% Park Ded. 50% Developer	$5,000
Benches (4)	$7,680
Drinking fountain and mister w pet attachment	$8,000
Water and sewer services/stubs (Developer expense)
Sidewalk(s) parallel to street (Developer expense)
Total not-to-exceed Park Dedication credit amount	$275,300

Max Credit = $275,300 (if other improvements are desired by the developer E.g. monument/sign, these shall be at the developers expense).

The Development Agreement (DA) shall specify that the park shall be developed as a Stage I improvement and be substantially complete by August 1st 2018.  Additionally, all improvements and specifications shall be pre-approved by the City, with the Developer bearing all costs of bidding, administration, permitting (if any) as well as construction administration. The park construction agreement (specified within the DA) will be a reimbursable project, with the developer paying all cash Park Dedication owed, with the City issuing associated payment for each improvement as they are completed and accepted—for a total not-to-exceed amount of $275,300.

Attached is an example (format and content) of a standard Development Agreement.  (The Park Dedication and Trail Fee obligations for Riverstone will be written into the DA at the time City Council approves the Final Plat and Development Agreement.)
 

This case determines the disposition of Park Dedication and Trail Fees as part of the Development Agreement.

Staff recommends that the motion below, to recommend City Council approve the Preliminary Plat for the Riverstone Subdivision with the detail above included within the Development Agreement to fulfill Park Dedication and Trail Fees, with Cash payment calculated per lot after credit is applied for completed park and trail improvements, as well as areas of trail easement.

Motion to recommend City Council approve the Preliminary Plat for the Riverstone Subdivision with the detail above included within the Development Agreement to fulfill Park Dedication and Trail Fees, with Cash payment calculated per lot after credit is applied for completed park and trail improvements, as well as areas of trail easement.